Can I Get Child Support If the Father Is on Disability in Texas?
By Gregg Lundberg | 01/05/2025
One of the most common concerns I hear as a family law attorney here at Lundberg Law is: “Can I get child support if the father is on disability?” If you’re a parent raising children and the other parent is receiving disability benefits, you may be wondering how—or if—child support is calculated in this situation.
The short answer is yes, you may still be entitled to receive child support even if the father is on disability. However, the type of disability benefits he receives matters, and it can impact how much support you might receive. Let’s break it down.
Understanding Disability Benefits in Texas
In Texas, there are generally two types of disability benefits a person might receive:
- Social Security Disability Insurance (SSDI)
- Supplemental Security Income (SSI)
Each type is treated differently under Texas child support laws.
Child Support and SSDI Benefits
If the father receives SSDI benefits, child support can still be ordered. SSDI is considered a form of income because it’s based on the recipient’s prior work history. That means the Texas Attorney General’s Office and family courts treat SSDI similar to wages when calculating child support obligations.
What’s more, if your child qualifies to receive dependent benefits from the father’s SSDI account (which is often the case), those benefits are typically credited toward his child support obligation. For example, if the court orders $600/month in child support and your child receives $300/month in SSDI dependent benefits, the father would only owe the remaining $300.
SSDI does not eliminate the child support obligation—it just changes how it’s calculated and paid.
Child Support and SSI Benefits
SSI is very different. SSI is a needs-based program for disabled individuals with very limited income and resources. In Texas, SSI is not considered income for the purpose of calculating child support.
If the father is receiving only SSI and has no other income or assets, the court typically cannot order him to pay child support. This is because SSI is designed to cover only the basic needs of the recipient, and courts recognize that it’s not feasible to deduct child support from it.
What If the Father Has Other Income?
Even if the father receives disability benefits, he may have other sources of income, such as a pension, VA benefits, rental income, or part-time work. In that case, the court can and often will factor those income sources into the child support calculation.
Every situation is unique, and that’s why it’s so important to have your case reviewed by a knowledgeable Texas family law attorney.
Can I Modify a Child Support Order If the Father Becomes Disabled?
Yes. If there is a material and substantial change in circumstances—like the father becoming disabled—you can petition the court to modify the existing child support order. Either parent can file for a modification, and the court will take the new disability status and income into account when deciding whether to increase, decrease, or maintain the current amount.
Get Help from a Local Family Law Attorney in Midlothian, TX
At Lundberg Law, I’ve helped many parents navigate child support issues involving disability benefits. Whether you’re just starting the process or looking to modify an existing order, I’m here to provide guidance and fight for what’s fair for you and your child.
Click here to schedule a free consultation or call 972-775-3500 now. I’d be honored to help you move forward with clarity and confidence.